Terms and Privacy

The following terms and conditions refer to Nuno Sarmento and its relationship with its clients and potential clients.

Prices

Nuno Sarmento shall charge for work at prices stated as Nuno Sarmento hourly rate, current at the time of order unless agreed otherwise in writing before the work starts. All prices given to customers are assumed to be exclusive of delivery charges and VAT.

Quotations

Nuno Sarmento will quote prices and estimate delivery times for any job:
Quotes and delivery estimates are provided subject to sight of work and are subject to Nuno Sarmento having capacity available to complete the work.
Customers are urged to check specifications and conditions in any quote. Nuno Sarmento will charge for work carried out beyond the quoted specification.
Quotes are checked for accuracy. However, Nuno Sarmento reserves the right to decline work if an error occurred in the quote.

Quotes are valid for 30 days.

Payment terms

The customer shall pay invoices for work ordered within 15 days from date of invoice. Nuno Sarmento reserves the right to charge interest on all overdue sums (including interest charges for late payment) at the rate of 2.5% per month, payable on demand.

Should payment of invoices not be made within the agreed time Nuno Sarmento reserves the right to instruct a debt collection service to recover funds. At this point the client will be liable for any costs incurred to recover the funds and may be liable for any interest or late payment fees.

Verbal Instructions

The customer is urged to issue all instructions in writing and to confirm and telephone instructions by email. Nuno Sarmento will use its best endeavours to follow instructions given verbally, but shall except no responsibility or liability for work carried out on this basis.

Liability

Nuno Sarmento liability to the customer for any damage or expense caused by any failure to discover any defect/error in the work or otherwise arising, shall be limited to a sum equal to the amount Nuno Sarmento charges for those items of work effected. Nuno Sarmento cannot be held liable for any errors, failure, defect, or delay in the work caused by the supply of unsuitable specifications or computer files by the customer.

Force Majeure

Nuno Sarmento shall have no responsibility to the customer in the event of any failure, delay or default due in whole or part to:-

• Circumstances beyond Nuno Sarmento control.
• Fire, power failure, mechanical or software failure, storage media corruption and unavoidable shortage of materials.
• Industrial disputes or third party actions.

Ownership

Until work carried out by Nuno Sarmento is paid for in full, including interest for late payment, legal and beneficial ownership shall remain with Nuno Sarmento, and the customer shall hold the work on a fiduciary basis. Notwithstanding the above, the customer may sell on the work in normal course of business, in which case Nuno Sarmento ownership shall attach to the proceeds of the sale.

Copyrights and Trademarks

By supplying text, images and other data to Nuno Sarmento for inclusion in the website, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

By supplying images, text, or any other data to Nuno Sarmento, the customer grants Nuno Sarmento permission to use this material freely in the pursuit of the design and to utilise the designs in Nuno Sarmento’s portfolio unless agreed otherwise.

Should Nuno Sarmento, or the customer supply an image, text, audio clip or any other file for use in a website or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Nuno Sarmento to remove and/or replace the file.

The customer agrees to fully indemnify and hold Nuno Sarmento free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

In so far as use of the Deliverables involves use of third party material, Nuno Sarmento will use every endeavour to secure such licence as is necessary to allow the required use of the same but only the extent required by the Brief and any use thereof outwith the Brief shall be at the Client’s wish and the Client shall indemnify Nuno Sarmento in respect of any claim arising out of such use.

Subject to the above and to the rights of any third party, ownership of the Rights shall remain vested in Nuno Sarmento unless and until any assignment or other disposition of the Rights is agreed between the parties in writing.

For the avoidance of doubt, where Nuno Sarmento makes any presentation to the Client going beyond the Brief, the Client shall have no right to make use of any material contained in such presentation unless and until a separate contract is concluded between the parties.

Third Party Materials

“Third Party Materials” – any image, text or other material that is owned by a third party and used in the creation of the Products;
Nuno Sarmento shall notify the Client of any Third Party Materials that it intends to use in the Products and the Client acknowledges and accepts that the Third Party Products shall be supplied to the Client in accordance with the respective copyright licensor’s terms.

Indemnity & Libel/Obscenity

The customer shall fully and effectively indemnify Nuno Sarmento against all costs, expenses, damages and losses in connection with any third party proceedings with respect of goods produced, worked on or work carried out by Nuno Sarmento, including claims and proceedings relating to copyright, trademarks, patents, industrial property, libel and obscenity.

Customer Default

If the customer shall be in default, or if Nuno Sarmento has reason to believe that the customer will be unable or unwilling to discharge its obligations, then Nuno Sarmento may cease work without any liability and give notice to the customer that payment for any thing supplied under the contract between the two parties is due and payable immediately. Without prejudice to other remedies, Nuno Sarmento shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in its possession, and shall be entitled to dispose of such goods or property as it thinks fit in order to apply the proceeds towards such debts.

Divisibility of Contract

All contracts between Nuno Sarmento and its customers are divisible. Each delivery made
shall be deemed to arise from a separate contract, and
shall at Nuno Sarmento’s discretion be invoiced separately.

Different conditions

These conditions override any differing conditions which may appear on the customer’s order, and may be modified only with the written consent of Nuno Sarmento.

Governing Law

The resolution of any dispute shall be governed by the Laws of England.

Publicity Rights

Nuno Sarmento are entitled to claim authorship for designs/products reproduced wholly or substantially to Nuno Sarmento design. The customer agrees to give Nuno Sarmento credit where appropriate in all initial press publicity material. Nuno Sarmento appreciate the opportunity to see such material before publication. Nuno Sarmento reserve the right to use Nuno Sarmento design work in self promotion literature and advertising.

Digital Media

Security

Digital Media Terms & Conditions

Programming

Nuno Sarmento can only program sites to be as secure as reasonably possible at the time of delivery and can not offer indemnity against future threats/developments.

Once Nuno Sarmento has deemed a project to be complete, any amendments will be charged at the Nuno Sarmento’s standard billing structure of £40/hour.

Nuno Sarmento develops websites for compatibility with the current version of Microsoft Edge: not all previous versions or every browser. If further compatibility is required, Nuno Sarmento must be advised at the outset.

Ownership

The ownership of the web pages and copyright therein shall remain with Nuno Sarmento until payment in full has been received for all sums owing. Once payment has been received, ownership and copyright shall pass to the Client for page text and graphics specific to the Client.

Ownership of all code used in processing web pages shall remain with Nuno Sarmento and it is expressly agreed that the use of such code in processing the web pages does not confer any passing of title from Nuno Sarmento to the Client.

Nuno Sarmento reserves the right to use elements of the client’s website for Nuno Sarmento portfolio/s and self-promotional purposes.

Content

The Client shall supply the copy for your web pages in clear and usable permanent or electronic form and shall be entirely responsible for the content of the web pages.

All images uploaded to websites by the Client (via CMS, FTP or other) should be optimised (compressed file size). Nuno Sarmento can provide advice on the best image editing software packages, but accepts no responsibility for the performance or compatibility of third-party software, or the results they produce.

When a test link is provided, it is the responsibility of the Client to test the functionality, read and check all copy, as well as approve the design and images used before approval is given.

Nuno Sarmento can provide legal disclaimers and privacy policies; but it is the responsibility of the Client to confirm with their own legal advisers that these meet their individual requirements, as Nuno Sarmento accepts no responsibility for their accuracy, relevance or currency.

The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Nuno Sarmento for inclusion in any work produced by Nuno Sarmento, are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Nuno Sarmento and its subcontractors from any liability or suit arising from the use of such elements.

Error Correction

If the Client shall discover any error within the 30 days warranty in the operation or presentation of the Web Site then the Client shall within 30 days warranty after such discovery notify Nuno Sarmento in writing of the defect or error in question and provide the Contractor (so far as the Client is able) with a documented example of such defect or error.

Upon receipt of such notification from the Client Nuno Sarmento shall begin work on correcting such defect or error in accordance with the Performance Standards. If the Client requests support in an emergency Nuno Sarmento shall use all reasonable efforts to fulfil the request as quickly as possible.

The foregoing error correction service shall not include service in respect of:

• defects or errors resulting from any modifications of the Web Site made by any person other than the Contractor;
• incorrect use of the Web Site or error in the operation thereof on the part of the Client or its employees or agents;
• errors resulting from faults in equipment or software other than that supplied to the Client by the Contractor.

Charges

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by Nuno Sarmento and shall be due and payable in advance of their service provision without any set-off or other deduction. Nuno Sarmento reserve the right to change pricing at any time, although all pricing is guaranteed for the current subscription period.

Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given.

Without prejudice to Nuno Sarmento other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, Nuno Sarmento shall be entitled forthwith to suspend or terminate the provision of Services to you.

If an account goes unpaid for at least ten days, the account and its associated services are suspended. A charge will be applied upon account reactivation to cover administration costs, based on Nuno Sarmento standard hourly charge of £40. An estimate of this cost will be given prior to any work being undertaken.

Once an account has been suspended, access to files, databases and other content is explicitly denied. After an account has been suspended for 10 days it will be terminated, with all files, databases and other content – including the account itself – permanently deleted.

Should access to files, databases and other content be required before they are deleted, account reactivation will be required, incurring a reactivation charge based on Nuno Sarmento standard hourly rate of £40.

Nuno Sarmento’s pricing is based on the Client’s site generating accesses (using bandwidth) roughly in proportion to the number of pages on the site. Should accesses to your site increase beyond a reasonable level, Nuno Sarmento and Nuno Sarmento suppliers reserve the right to make additional charges at any time.

Any accounts that go over the limits prescribed will be charged a £50 administration fee for each month in which the limit is exceeded, in addition to charges for any further resources/subscriptions required. Nuno Sarmento and/or Nuno Sarmento suppliers reserve the right to suspend or terminate any accounts should the limits be repeatedly or substantially exceeded.

Should payment of invoices not be made within the agreed time Nuno Sarmento reserves the right to instruct a debt collection service to recover funds. At this point the client will be liable for any costs incurred to recover the funds and may be liable for any interest or late payment fees.

Should project cancellation occurs, before the work is completed, you will still be liable for the full fee.

Investigation Charges

Any investigations undertaken by Nuno Sarmento at the request of the Client into perceived problems, such as loss of service, where it is subsequently found that Nuno Sarmento or Nuno Sarmento suppliers are not at fault, will be charged at £40 per hour. Nuno Sarmento therefore suggest is only contacted after the Client and their IT professional/advisor have fully established that any problems are not due to your systems or actions.

Security

Any access to other networks connected to Nuno Sarmento or Nuno Sarmento suppliers must comply with the rules appropriate for those other networks.

While Nuno Sarmento suppliers will use every reasonable endeavour to ensure the integrity and security of the Server, neither Nuno Sarmento nor the Nuno Sarmento suppliers guarantee that the Server will be free from unauthorised users or hackers and neither Nuno Sarmento nor Nuno Sarmento suppliers shall be under any liability for misrouting web traffic, or for any other failure on the website. Your data pages may not be secure against hackers and you take that risk. If you find evidence of infiltration, you must notify Nuno Sarmento immediately so that your server can be taken offline until any vulnerabilities are fixed. Nuno Sarmento can provide an estimate of the work required to fix any vulnerabilities if required.

Nuno Sarmento and Nuno Sarmento suppliers shall take reasonable care to avoid introducing computer viruses to your computer systems and shall not be liable to you by reason of any virus unknowingly introduced to your system by it for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or any claims which arise out of or in connection with such introduction of a computer virus.

The Client shall effect and maintain adequate insurance cover in respect of any loss of service, or loss or damage to data stored on the Server.

The Client shall keep secure any identification, password and other confidential information relating to your account and shall notify Nuno Sarmento immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

Service Availability

Nuno Sarmento suppliers shall use their reasonable endeavours to make available to you at all times the Server and the Services but neither Nuno Sarmento or Nuno Sarmento suppliers shall, in any event, be liable for interruptions of Service or down-time of the Server.

Nuno Sarmento and Nuno Sarmento suppliers shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason in writing.

No backups of any files, databases or any other content will be made unless explicitly requested (with time taken to carry out requested backups charged at the standard rate of £40 per hour).

Termination

Nuno Sarmento expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with any clause within these Terms and Conditions or should Nuno Sarmento or Nuno Sarmento suppliers deem such action necessary where legal proceedings are threatened or issued regarding the form or content of your web pages and in such circumstances Nuno Sarmento will confirm such termination or suspension by subsequent notice.

No refunds will be made for Services suspended and/or terminated. Where Nuno Sarmento or Nuno Sarmento suppliers terminate or suspend your subscription in reliance upon your breach of Agreement, or you terminate your subscription, you will not be entitled to any refund of any ‘unused’ part of your subscription.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

Nuno Sarmento reserve the right to suspend the Services and/or terminate this Agreement at any time.

You may cancel the Services at any time, upon ninety (30) days’ notice and providing that all charges have been paid.

On termination of this Agreement, Nuno Sarmento shall be entitled to immediately block your Website and to remove all data located on Nuno Sarmento servers.

Nuno Sarmento shall not be liable for any consequential loss whatsoever in relation to termination of your account in any circumstances.